Opinion

Coit v. Bentz

  • 348 S.W.2d 941
Court
Supreme Court of Missouri
Filed
Jul 10, 1961
Status
Published
Author
Storckman
On the bench
Eager, Leedy, Storckman
Cited by
17 cases
Authority
More cited than 7.9%

The opinion

STORCKMAN, Judge

(concurring).

In concurring I wish to point out additional authority criticizing “lack of control” as a proper assignment of specific negligence in the operation of an automobile. May v. Bradford, Mo., 348 S.W.2d 133 , calls it an “abstract submission” and cites Rosenfeld v. Peters, Mo., 327 S.W.2d 264, 269 [7, 8], wherein it is said such a submission “at least was confusing and could be construed as a roving commission.” It has been termed a submission of general negligence which gives the widest kind of roving commission. Highfill v. Brown, Mo., 340 S.W.2d 656, 663 [9]; McCarthy v. Sebben, Mo., 331 S.W.2d 601, 606 . See also Kimmich v. Berry, Mo., 319 S.W.2d 546, 547-548 ; Vogelgesang v. Waelder, Mo. App., 238 S.W.2d 849, 856 [8]; and State ex rel. Burger v. Trimble, 331 Mo. 748 , 55 S.W.2d 422, 423 [2].

The Bar should be acquainted with the hazard which the continued use of this submission presents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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